281 Or. App. 154 - State v. Werner’s Empirical Analysis
2016
Citation profile
6
cited by 6 later decisions
1
states following
March 2019
most recently cited
6 state decisions
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'the protection of one's property from unauthorized intrusion.' " Werner , 281 Or. App. at 161 , 383 P.3d 875 (quoting Commentary to Criminal Law Revision Commission Proposed Oregon Criminal Code, Final Draft and Report § 141, 147 (July 1970)). ORS 164.215 defines the basic crime of burglary. It provides that, subject to exceptions not relevant here, a person commits the crime of second-degree burglary "if the person enters or remains unlawfully in a building with intent to commit a crime therein.”
2 later decisions quote this exact passage · from the dissent“[T]he commission of a crime does not, in and of itself, convert a lawful entry into an unlawful remaining.”
2 later decisions quote this exact passage · from the dissent“Thus, as defined by ORS 164.215, burglary is an aggravated form of criminal trespass”
2 later decisions quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.